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Public Notice
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Ottawa, 28 July 1987
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Public Notice CRTC 1987-177
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AMENDMENTS TO THE CABLE TELEVISION REGULATIONS, 1986
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Related Documents: Public Notices CRTC 1986-182 dated 1 August 1986, 1987-27 dated 30 January 1987 and 1987-122 dated 4 May 1987.
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In Public Notice CRTC 1987-122, the Commission issued, for public comment, proposed amendments to paragraph 9(1)(f), and subsections 18(5), 18(7) and 22(1) of the Cable Television Regulations, 1986 (the regulations) which came into effect on 1 August 1986. These amendments were proposed so as to make clearer the original intent and purpose of each section. The Commission received eight responses to this notice which, in all cases, supported the proposed amendments. Several also suggested additional amendments, as outlined below.
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The Canadian Broadcasting Corporation (CBC), the Canadian Association of Broadcasters and the Okanagan Valley Television Company Limited were of the view that the amendment of paragraph 9(1)(f) would not eliminate the incidence of a satellite CBC service being carried in conjunction with a regional or local CBC affiliate. These interveners therefore suggested that the Commission also amend section 10 of the regulation or such lists of eligible satellite services as may be in effect, in order to require cable licensees to obtain the written permission of the CBC prior to the distribution of its satellite services.
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The Commission considers that this amendment is directed at other concerns than that of making clearer the original intent and purpose of each section and, hence, is outside the scope of the changes that the Commission wishes to make to the regulations at this time.
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Western Cablevision Ltd. (Western) and Maclean Hunter Cable TV (Maclean Hunter) suggested several additions to the definition of "capital expenditure" in subsection 18(5) of the regulations. Western suggested the addition of the capital lease of equipment used exclusively for community programming. The Commission is in agreement with this suggestion and has modified the definition accordingly.
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Maclean Hunter suggested that the definition of head end include head end buildings and towers. In Public Notice CRTC 1987-27, the Commission clarified for Class 1 and 2 licensees those items which the Commission considered fell within the definition of capital expenditure set out in subsection 18(5).
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In that Public Notice, the Commission took the position that buildings do not fall within the definition. The record of this proceeding has not persuaded the Commission to alter this interpretation. With respect to towers, the Commission is of the view that such structures are a necessary part of the equipment used for reception of programming services and are, therefore, already included in the definition.
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Accordingly, on the recommendation of the Executive Committee, on 8 July 1987 the Commission approved the amendments to the Cable Television Regulations, 1986 as they appeared in the schedules attached to Public Notice CRTC 1987-122 with the addition in paragraph 18(5)(c) of the words "or capital lease" as discussed above.
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The amendments which are included in the schedule attached to this notice, were registered on 15 July 1987 (SOR/87-424) and came into force on that day.
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Fernand Bélisle Secretary General
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